8:31 PM, November 25, 2013

David Ashenfelter / Detroit Free Press

Detroit Free Press Staff Writer

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For a third time, a federal judge has ruled against a former federal prosecutor’s attempt to unearth the identity of a source in a 2004 Detroit Free Press article.

U.S. District Judge Robert Cleland said today in a written order that former Free Press reporter David Ashenfelter can claim Fifth Amendment protection against divulging the name of his source in an article about former assistant U.S. Attorney Richard Convertino. Ashenfelter reported in 2004 that Convertino, who worked in Detroit, was under internal investigation for his handling of a discredited terrorism trial.

Convertino sued his former employer, the U.S. Department of Justice, for what he said was an illegal leak of information to Ashenfelter. The underlying lawsuit is pending in Washington, D.C.

In a 2009 deposition, Ashenfelter declined to answer questions about his source, claiming the Fifth Amendment right against self-incrimination. Free Press editors said Ashenfelter did nothing wrong, but had to invoke the Fifth Amendment because Convertino claimed the leak of information was illegal.

Convertino has contended Ashenfelter cannot claim the Fifth Amendment, but has failed to convince Cleland. The latest filing from Convertino followed a public comment by U.S. Attorney General Eric Holder, who told Congress in June that he will not prosecute reporters who are doing their jobs.

Convertino said he hadn’t read the ruling and wasn’t prepared to comment. Ashenfelter, who retired last year, deferred to Paul Anger, editor and publisher of the Free Press, who said: “We’re gratified by the decision. This has been a long process, and we’re a big step closer to a final resolution and relief for David Ashenfelter. He’s a terrific reporter who’s stood up for his principles for almost a decade now.”